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An  erica »  M^tcc^^ji^, 

A  Bill   to  ^e  entitled     An  Act 

to  provide  for  organizing,   arming  and 
disciplining  the  militia  of  the  Confederate 

State3^#^-.t    ^AJLU^<L,f^6^^ 

First  printing;;  for  the  members 
Congress 


i. 


George  Washington  Flowers 
Memorial  Collection 

DUKE  UNIVERSITY  LIBRARY 


ESTABLISHED  BY  THE 

FAMILY  OF 

COLONEL  FLOWERS 


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A.  BILL 

To  be  entitled  An  Act  to  provide  for  organizing,  arming  and  dis- 
ciplining the  militia  of  the  Confederate  States,  and  for  governing 
such  part  of  them  aa  noaj  be  employed  in  the  service  of  the  Con- 
federate States,  and  for  calling  them  forth  to  execute  the  laws  of 
the  Confederate  States,  suppress  insurrections  and  repel  invasions. 
1  Section   1.   T/ic  Congress  of  the  Confedtraie  Si.iles  of  America  do 

i     enact,  That  every  able-bodied  white  male  resident  of  the  respec- 

3  tive  States,  who  is,  or  shall  be,  of  the  age  of  seventeen  years  and 

4  under  the  age  of  fifty  years,  who  sh-ill  not  bo  exempted  by    this 

5  act,  shall  be  enrolled  in  the  militia. 

1  Sec.  2.  That  it  is  hereby  made  the   duty  of  the  captain  or 

Z  commander  of   each  company  within  tho  bounds  of   whose  com- 

3  pany  any  such  person  may  reside,  within  fifteen  days  next  after 

4  he  shall  be  informed  of  such  residence,  and  at  all  times  h?re;;fcer, 
o  to  enroll  each  person  hereby  made  liable  to  serve  ia  the  miliiia, 
G  and  to  notify  him  of  the  time  and  place  of  raustor  ;  and  also  all 
"  those  who  may,  from  time  to  time,  a^rivc•  at  the  nge  of  feeventccn 
>»  years,  ai.  1  being  under  tlfiy  yenrii  of  age.  -^  'li  '■  •  «  »  •  ''side 
!'  within  the  bounds  of  the  company,  unless  exuiupt  ui.dtr  tiic  j)ro- 

iw     visions  of  this  act.     Such  notice  mty  bo  eervod  and  proved  b/ 
1 1     any  Don-commifsioncd  ofhcer  of  the  company. 


8 

1  Sec.  3.  That  as  soon  as  practicable,  after  the  passage  of  this 

2  act,  the    militia  of   the    several    iScates    shall    be    arranged    into 

3  divisions,  brigades,  regiments,  battalions  and  companies,  as  the 

4  Legislature  of  the  said  States  shall  direct,  and   until   such   ar- 

5  rangements  shall  be  made,  the  existing  organizations   shall   be 

6  recognized  ;  each  division,  brigade  and  regiment  shall  be  nura- 

7  bered  at  the  formation  thereof,  and  a  record  made  of  such  num- 

8  bers  in  the  Adjutant  General's  office  in  the  State;  and  when  in 
t>  the  fields  or  in  the  service  of   the  State,  each   division,  brigade 

|()  and  regiment  shall   respectively  take   rank   according  to  their 

1 1  numbers,  reckoning  the  first  or  lowest  number  highest  in  rank. 

1  Sec.  4.  That  if  the  same  be  convenient,  each  brigade  shall 

2  consist  of  four  regiments,  each  regiment  of  two  battalions,  and 

3  each  battalion  of  five  companies.     That  each  company  of  infantry 

4  shall  consist  of  not  less  than  ninety,  nor  more  than  one  hundred 

5  and  twenty-fire,   privates ;  each   company  of  artillery,  of  four 
G  pieces,  seventy  privates ;  each  company  of  cavalry  of  sixty  pri- 

7  vates ;  each   company  of  sharpshooters   of  from    ninety  to  one 

8  hundred  and  twenty-five  privates.     For  each  battalion  of  infantty 

9  there  shall  be  one  company  of  sharpshooters,  and  for  each  brigade 
10  one  company  of  artillery  of  four  pieces. 

1  Skc.  5.  The  officers  and  non-commissioned  officers  of  the  mili- 

2  tia  of  each  State  shall  be  as  follows  : 

3  A  commander-in-chief. 


r 

4  An  adjutant  general,  who    eliall  be  the   inspector   general  of      -^ 

5  militia,  and  a  qaartcrtn\ster  general,  each  with  the  rank  of  briga- 

6  (lier  general. 

7  A'l'ls  to  the  commander-in-chief,  with   the   rank  of  lieutenant 

8  colonel,  not  exceeding  in  number. 

9  To  each  division  there  shall  be  one  major  general,  one  division 

10  inspector  and  adjutant,  with  the    rank  of   Lieutenant  Colonel  ; 

1 1  two  aids-de-camp  ;  one  division    quartermaster,  each  with   the 
15  rank  of  major. 

13  To  each    brigade  there    shall  be  one  brigadier   genera);  one- 

14  brigade  inspector,  with  the  rank  of  major  ;  one  brigade  ©lUarter- 

15  master,  and  one  aid-de-camp,  with  the  rank  of  captain. 

16  To  each  regiment  there  shall  be  one  colonel  ;   one  lieutenan 

17  colonel  and  one  major;  one  adjutant,  one  quartermaster,  each 

18  with  the  rank  of  lieutenant  ;   one    surgeon  ;  one   sergeant-ma- 

19  jor  and  one   quartermaster-sergeant. 

20  To  each  separate  battalion  there  shall  be   one    lieutenant  col- 

2 1  onel,  when  the  battalion  is  composed  of  six  companies  or  nvore,  or 
23  major,  if  of  less  ;  one  adjutant  with  the  rank  of  lieutenant :  one 

23  sergeant-major;  one   quartermaster-sergeant,  and  a  chief  mu- 

24  sician  or  bugler,  according  to  the  cojps. 

25  To  each  company  of  infantry  there  shall  be  one  captain  ;  ono 

26  firi=t  lieutenant;  two  second  lieutcn.Tnt!»     one  ensign  ;  four  ser- 

27  geants  ;  four  corporals  and  two  mu^cians. 


4 

28  To  each  company  of  cavalry  there  shall  be  one  captain ;  one 

39  first   lieutenant ;  two  second    lieutenants ;  four  sergeants  ;  four 

30  corporals  ;  one  farrier  ;  one  blacksmith  and  two  musicians. 

31  To  each  company  of  artillery  there  shall  be  one  captain  ;  one 

32  first  lieutenant;  two  second  lieutenants;  four  sergeants  ;  four 

33  corporals  and  two  musicians. 

34  To  each  company  of  sharpshooters  there  shall  be  the    same 

35  officers  as  in  a  company  of  infantry. 

36  To  -every  company  there  shall  be  a  clerk  who  shall  be  one  of 
57  the  sergeants. 

1  Sec.  G.  There  may  be  formed    in  each  division  a  number  of 

3  volunteer  companies  of  cavulry,  artillery  and  sharpshooters,  not 

3  exceeding  two  for  each  regiment,  which  shall  be  clothed  in  uni- 

4  form,  to  be  furnished  at  their  own  expense.  In  case  of  war,  in- 
.5  vasion,  and  for  the  execution  of  the  laws,  these  companies  shall 
♦j  be  first  ordered  into  service.     It  shall  be  the  duty  of  the  briga- 

7  dier  general  to  encourage  th-e  formation  of  such  companies,  and 

8  to  promote,,  as  far  as  practicable,  the  diffusion  among  them  of  a 

9  knowledge  of  tactics  and  the  army  regulations,  suitable  for  a  cora- 

10  pacy.     These  conjpanies  may  be  combined  to  form  battalions  or 

1 1  regiments,  in  locaiitiea  favorable  for  such  organizations,  and  may 
]  2  be  attached  to  such  brigades  and  divisions  as  convenience  may  ui- 

13  rect,  under  the  orders  of  the  commander-in-chief,  and  all  exist- 

14  ing  organizations  of  this  kind  are  hereby  recognized  as  a  part  of 


5 

1.5  the  militia,  and  shall  be  attached  to  eoxce  division  and  brigade,  as 

16  the  commandcr-in-chiof  shall  direct. 

1  Sec.  7.  The  appointment  of  officers  to  the  command  of  the 

2  militia  in  the  several  States,  and  the  authority  for  training  the 

3  same,  according  to   the    discipline  prescribed  bj  Congress,  shall 

4  be  according  to  the  Constitution  and  laws  of  the  States  respec- 

5  lively. 

1  Sec.  8.  The  system  of  discipline  and  field  exercise,  vrhich  is, 

2  and  shall  bo  ordered  to  be  observed  by  the  army  of  the  Confede- 
5  rate  States  in  the  different  corps  of  infantry,  artillery,  cavalry 

4  and  sharpshooters,  shall  also  bo  observed  by  the  militia  in  the 

5  exercises  and  discipline  of  the  said  corps  respectively  throughout 

6  the  Confederate  States. 

1  Sec.  9.  That  all  organizations  which  have  been,  or  may  be 

2  made  of  the  residents  of  any  of  the   States,  under  the  laws  of 

3  any  of  the  States  other  than  those  mentioned  in  the  first  section 

4  of  this  act  for  service  as  militia,  shall  be  held  and  deemed  to  be 

5  militia  of  the  Confederate  States,  and  shall  be  organized,  armed 

6  and  disciplined  in  conformity  to  this  act. 

1  Sec.  10.  That  tliere  shall  be  appropriated  annually  the  sum  of 

2  dollars  for  the  purpose  of  providing  arms  and 

3  military  equipments  for  the  whole  body  of  the  militia  of  the 

4  Confederate  States,  either  by  purchase  or  manufacture  by  and  on 
.5  account  of  the  Confederate  States.     All  the  arms  thus  procured 


6 

6  shall  be  divided  among  and  delivered  to  the  States  and  territo- 

7  ries  of  the  Confederacy,  in  proportion  to   their  effective  militia 

8  force,  and  shall  be  distributed  under  such  rules  and  regulations 

9  as  may  be  made  by  the  several  Legislatures  thereof. 

1  Sec.  1 1.  It  shall  be  the  duty  of  the  Secretary  of  War  to  direct 

2  the  manner  in   which   the   several  corps  composing  the  militia 

3  shall  be  armed  and  equipped,  and  to  modify  from  tirao  to  time 

4  these  directions  as  experience  and  the  vrants  of  the  public  service 

5  shall  require,  Vihich  directions  shall  be  communicated  through 
G  the  several  commanders-in-chief  in  the  different  States,  and  shall 
7  constitute  the  rule  on  the  subject. 

1  Sf.c.  12.  The  Adjutant  General  in  each  State  shall  distribute  all 

2  orders  from  the  commander-in-chief;  shall  obey  all  orders  rela- 

3  tive  to  carrying   into   execution  and   perfocting  any   system   of 

4  military  organization  established  by  law ;  and  shall  be  in  atten- 

5  dance  when  the  commander-in-chief  reviews  the  militia. 

6  II.  He  shall  furnish  blank  forms  of  rolls,  and  of  the  different 

7  forms  that  may  be  required,  explaining  the  principles  upon  which 
-S  they  should  be  made ;  of  orders  for  the  commander  of  division 
9  or  brigade  corps  relative  to  inspections,  trainings,  reviews  and 

JO  elections  of  officers,  and  of  the  notices  to  be  given  to  their  sub- 

1 1  OEvdinates,  and  make  proper  abstracts  from  the  returns  of  those 

113  commanders  for  the  examination  of  the  commander-in-chief. 
13         III,  He  shall  annually  make  a  return  in  duplicate  of  the  mili- 


7 

14  tia  of  the  State,  with  their  arnip,  accoutrements  and  ammunition, 

15  according  to  such  directioDB  as  he  may  receive  from  the  Secretary 
'16  of  War  of  the  Confederate  States;  one  copy  of  which  he  sliall 
17  deliver  to  the  commander-in-chief,  and  transmit  the  other  to  the 
IS  Secretary  of  War,  on  or  before  the  first  day  of  January  in  cacli 

19  year. 

20  IV.  He  shall  obpy  all  orders  from  the  Secretary  of  War  vel.i- 

21  tive  to  the  organization,  arming  and  disciplining  of  the  militia, 

22  and  for  calling  them' into  the  service  of  the  Confederate   States, 

23  under  the  conditions  that  may  be  prescribed  by  any  act  of  Con- 

24  gress,  and  shall  communicate   the   same  to   any    officer  of   the 

25  militia  as  he  shall  be  directed. 

1  Skc.    13.   That  the  Ci>aarterma8tor  General    shall   receive,  and 

2  hold   for    safe-keeping,  all  the  arm?,  munitions  of  war.  military 

3  stores,   intrenching  tools,  and   other   implements   of  war.  which 

4  may  from  time  to  time  be  transmitted  to  the  State  for  the  service 

5  of  the  militia,  until  the  same  shall   bo  distributed  according  to 

6  the  laws  cf  the  State  :  and  until  such  distribution  be  made,  these 

7  shall  be  a  deposit  for  the  use,  and  be  subject  to  the  coatrol,  of 

8  the    Confederate  States.     The  arms   and  munitions,  and  other 
a  property  aforesaid,  shall  not,  at  any  time,  be  €U>iject  to  attach- 

lU  ment,  execation  or   distress,  or  be  iiible   for  any  claim   against 

1 1  the  person  in  whose  custody  they  may  be.     The  Quartermaster 

12  Goneral  shall  annually  make  a  report,  ia  duplicate,  of  the  prop- 


8 

13  erty  he  may  have  on  hind,  one   of   which  shall  be  delivered   to 

14  the  comraander-in-chief,  and  the  other  shall  be  forwarded  to  the 

15  Secretary  of  Vfar,  on  or  before  the  first  day  of  January  of  every 

1 6  year. 

1  Sec.    \i.  The  following  persons  shall  be  exempt  from  service 

2  in   the  militia  :  The  Vicc-rresidcnt  of   the  Confederate  States, 

3  the  officers,  judicial  and  executive,  of  the   Government  of  the 

4  Confederate  States,  the  members  of  both  Houses  of  Congress  and 

5  their  respective  officers,  the  officers  and  employees  engaged  in 

6  the  collection  of  the  revenue  and  mariners  actually  employed  in 

7  navigation,  postmasters,  assistant  postmasters,  and  their  clerks, 
S  post-officers,  route  agents,  post  riders,  and  stage  drivers  in  the 
9  care    and  conveyance  of  the  mail,  the  artificers    and  workmen 

10  employed  in  any  armory,  arsenal,  workshop,  manufactory,  mine 

1 1  or  forge,  or  in  quartermasters'  or  subsistence  or  medical  depart- 

12  ments  of  the  Confederate  States,  or  who  may   be  specially   en- 

13  rolled,  enlisted  or  detailed  for  d,uty  in  any  of  the  departments  of 

14  the  Confederate  Government,  or  under  any  act  of  Congress;  the 

15  officers,  judicial  and  executive,  of  the   State  governments,  the 
IG  members  of  the  Legislature  of  any  of  the  States,  and  the  officers 

17  of  cither  braoch  of  any  State  Legislature,  and  such  other  persons 

18  as  may  be  exempt  by  law  under  any  act  of  the  States  respec- 

19  tively. 

1  Sec.   15.  The  division  inspector  of  each  division,  the  brigade 


2  major  of  each  brigade,  and  the  adjutant  of  each  regiment,  bat- 

3  talicn  or  corps,  shall  constantly  keep  a  correct  roster  of  the 
A  conuKaml  to  which  ho  belongs,  and  an  order  bock,  in  which  he 
o  ehall  record  orders  received  and  issued.  A  fair  and  exact  roll 
6  of  each  company  shall  be  kept  by  the  clerk,  under  the  direction 
7/  of   the  captain   or  commander,  with  the   state  of   the    arms    and 

8  equipments  of  each  man,  in   the  form  prescribed  for  the  returns 

9  of  the  militia   by   the  Adjutant  General.     IIo   shall    also    keep^ 
in  an  exact  and  fair  roll  of  the  names  of  all  persons  in  the  bound* 

11  of   his  company,  who,  being   otherwise  liable  for  military  duty, 

12  shall  claim  exemption  under  this   act,  with  the  statement  of  the 

13  cause  of  exemption,  and  the  date  of  its  allowance.     Sach  rolls 

14  shall  be  revised  in  the  month  of  of  each  year,  and  cor- 

15  rected  from  time  to  time,  as  the  state  of  the  company  and  altcra- 
IG  tions  of  it  may  require.     These  company  rolls  shall  be  revised 

17  from  time  to  time  by  the  regiraentnl,  brigade  and  division  com- 

18  mandcrs,  and  ciro  f-hould  be  taken  to  prevent  any  evasion  of  tl.o 
10  service  by  any  person  legally  subject  to  it.  The  brigade  inspec- 
tiO  tors  shall  atten<l  the  regimental  and  battalion  meetings  of  tho 
21  militia,  composing  their  several  brigades,  daring  the  time  of  their 
2Z  being  under  arms,  to  inspect  their  armf,  ammunition  and  accou- 

23  tremeDts,    superintend  their  exercises  and  manoeuvres,  and  in- 

24  troduce  the  system  of  niilitirj'  discipline,  prescribed  by  law, 
2o  throughout    the  brigades  and  such  orders   as  may  from  time  to 


10 

36  time  ba  given   bj  tli3  coaivQaader-ia-cliicf;  to  raika  returns  to 

27  the  Adjutant  General  of  the  State,  at  least  once  in  every  year, 

28  of  tho   militia  of   the    brigade    to  which   he    belongs,  reporting 

29  therein  the  actual  situation  of  the  arms,  accoutrements  and  am- 

30  munition  of  the  several  corps,  and  every  other  thing  which,  in 

31  his  judgtnent,  may  relate  to  their  government  and   the  advatic«- 

32  raeut  of  good-order  and  military  discipline.     The   division    ir- 
-33  spector  shall  perform  similar  duties  in  regard  to  the   brigades  of 

34  his  division,  and  make  similar  reports. 

1  Sec.  16.   Whenever  the  Confederate  States   shall  be  invaded, 

2  or  be  in  danger  of  invasion   from   any  foreign   nation   or  Indian 

3  tribe,  or  when  any  insurrection  shall  arise  in  any  State    against; 

4  the  Government,  or  laws  thereof,  and  the  Governor  of  the  same, 

5  if  the  Legislature  be  not  in  session,  or  the  Legislature  thereof, 
G  shall  require  assistance  of  the  President  to  suppress  such  insur- 

7  rection  ;  or  whenever  the  laws  of  the   Confederate   States   shall 

8  be  opposed,  or  the  execution  thereof  obstructed  in  any  State  by 
0     combinations  too  powerful   to  be  suppressed  by   the  ordinary 

10  course  of  judicial  proceedings,  or  by  the  powers   vested  in   the 

1 1  marshals  of  the   Confederute   States,  it   shall    be   lawful  for   the 

12  President  of  the  Confederate  States  to  call  forth   the   militia  of 

13  such  State,  or  of  any  other  State  or  States,  as  may  be  necessary 
1  }  to  repel  such  invasion,  or  to  suppress  such  insurrection  or  coai- 
Id     binations,  and  to  cause  the  law3   to  be  enforced,  and  the  use  of 


11 

16  Bucli  militia,  so   to  Le  called  forth,  may  be  continued,  if  neces- 

17  sary,  until  the  expiration  of  thirty  days  after  the  coraraencfamcnt 

18  of  the  then  next  session  of  Congress:  Provided^  however.  That, 

19  during  the  existing  war,  it  shall  be  lawful  to  employ  the  militia, 

20  when  their  services  are  necessary,  for  the  term  of  six  months. 

1  Sec.  17.   That,  whenever  the  occasion  shall  arise,  in  the  j'^'lg- 

2  ment  of  the  President,  for  the  employment  of  the  militia  for  the 

3  purposes  mentioned  in  the  preceding  section,  he  may  order  for 
\  service  divisions,  brigades,  regiments,  battalions  or  companies', 

5  or  may  order  to  be  detached  parts  or  companies  thereof,  or  any 

6  number  to  be  drafted  therefrom,  and  may  cause  officers  to  be  dc- 

7  tailed  from  the  officers  of  any  of  the  said   militia  organizations, 
b  in  sufficient  numbers  to  organise  and  command  the  forces. 

1  Sec.  18.   Militia  in  actual  service,  in  field,  camp  or  garrison, 

2  shall  be  subject  to  the   rules   and  articles  of  war.     Sutlers  and 

3  retainers  to  the  army,  drivers,  conductors,  and   all   persons   re- 

4  cciving  pay  for  services,  in  or  with  the  said  militia,  in  actual  ser- 

5  vice,  shall  be   taken  to   be  a  portion  of  the  same,  and  governed 

6  by  those  rules  and  articles.    The  o^iiitia,  while  in  actual  service, 

7  shall  receive  the  same  pay,  rations  and  allowances,  as  the  re;:!;u- 

8  lar  troops  of  the  Confe  leracj.     The  cxfenses  incurrc  1.  an  1   to 

9  be  incurred  for  collecting  the  militia  ai  tii';  [dace  of  rcniu;;.  uei, 
ID  upon  any  call  or  requisition  of  tho  President,  or  which  may  b« 
1 1  incurred  by  any  State  or  territory  with   his  approbation  before 


12 

12  or  after  the  call,  sliall  be  adjusted  and  paid  in  like  manner  as  the 

13  e.Tpenses  incurred  after  their  arrival  at  such  place  of  rendezvous 
1  1  on   the  requisition   of  the  President  of  the  Confederate  Statefi. 

I  5  But  no  items  of  expenditure  are  hereby  authorized,  but  such  as 

16  have  been   provided  for  by  existing  huvs   and  regulations   under 

17  similar  circumatanc^s. 

1  Sec.  19.  That  every  ofiicer,   non-comraissioned  oi'Hcer,  or  pri- 

2  vate  -nho  shall    fail    to  obey  the  orders  of  the   President   of  the 

3  Confederate  States  under  the   sixteenth  section  of  this  act   shall 

4  be  subject  to  trial  before  a  court  martial,  and   suc-a  officer  shall, 

5  upon  conviction,  be  liable  to  forfeit  not  exceeding  one  year's  pay, 
G  and  to  be  cashiered  by  the  sentence  thereof,  and,  moreover,  to  be 

7  incapacitated  from  holding  any  military  commission  for  a  period 

8  not  exceeding  five  years  from  the  date  of  the  sentence,  and  such 

9  non-commissioned  ofHcer  or  private  shall,   upon  conviction,  bo 
10  fined  not  exceeding  one  thousand  dollars,  and   upon  a  failure  to 

I I  pay  the  same   to  be    imprisoned   for  a  term  not  exceeding  six 

12  months.     The  record  of  the  court  martial  in  such  cases  shall  be 

13  returned  into  the  Distiict   Court  of  the  Confederate  States  for 

14  the  district  in  which    the   defendant    shall    reside,  by   the  judge 

15  advocate  thereof,  and,   upon  motion  of  the  district  attorney,  the 

16  court  shall  award  execution  in  favor  of  the   Confederate   States 

17  against  the  defendant  for  the   amount  of  the  fine  and  the  fulfil- 
ls ment  of  the  sentence  and  costs. 


IS 

1  Sec.  20.   Every  citizen   duly  curolled   in   iho  militia  shall   1)0 

2  constantly  provided  with  arms,  accoutrements,  and  ammunition 

3  from  and  after  the  time  that  he   shall  he   duly  notified  of  his  en- 

4  rollraent,  according;   to   the   tcrrris  of    this  act.     Tho  arms   and 

5  equipments  thus  required,  until  otherwise  ordered,  shall  be  thotje 

6  provided  for  by  law   previously   to  the   first  day   of  November, 

7  IS60. 

1  k^EC.  21.   Whenever   a  marshal  or   other  public   officer  of  the 

2  Confederate  State?,  authorized  to   execute  any  process  delivered 

3  to  him,  bhall  find   or  have   reason  to  apprehend  that  resistance 

4  vrill  be    mnde   to    the   execution    of  such    process,  he   shall    be 
[  5  authorized  to  command  as   many  of  the  male  inhabitants  of  the 

6  district  as  he  may  deem  necessary,  and  any  military  company  or 

7  companies  in  said  district,  armed  and  equipped,  to  assist  him  in 

8  overcoming  such   resistance,   and,  if  necessary,  in    seizing  and 

9  confining  the  persons   resisting,   their  aiders  and  abettors,'  to  be 
10  dealt  with  according  to  law. 

1  Sf.c.  22.  Whenever  an  officer  under  any    of  the  laws  for  the 

2  collection  cf  the  revenue  or  regulating  commerce,  navigation  or 

3  intercourse,  shall  }»e  empowered  to  roaho  any  rcarch,  seizuro  (.r 

4  arrest,  and  shall  find  or  have  reason  to  apprehend  resistance  in 
.5  the  fulfilment  of  bis  dutie«,  he  shall  call  upon  the  marshal  of  the 
C  district  or  bis  deputies  for  as9i?tancc,who  shnll  render  ibe  sam<»,  and 
7  Bhall  have  all  the  power  to  overcome  the  re.'istance  and  to  arrest 


14 

8  aud  confine  the  aiders  and  abettors  of  the  same,  as  if  the  resist- 

9  ance  were  made  to  the  execution  of  process. 

1  Sec.  23.  The  exercise  of  the  power  of  the  President  to   call 

2  out  the  militia  in  cases  where  the  laws  are  opposed,  or  the  exe- 

3  cution  thereof  shall  be  obstructed  by  combinations  too  powerful 

4  to  be  suppressed  by  the  ordinary  course  of  judicial  proceedings, 
o  or  by  the  powers  vested   in  the  marshals,   as  conferred  by  this 

6  act,  shall  be  accompanied  by  a  proclamation  declaring  the  nature 

7  of  the  resistance  and  the  extent  of  the  combinations  which  occa- 

8  sions  the  same;  and  shall  command  all  persons  to  desist  from 

9  rendering  any  aid  or  assistance  to  those  opposing  or  obstructing 

10  the  execution  of  the  laws  or  the  execution  of  process  from  lawful 

1 1  authority,  and  all  persons   who  shall,   after  said  proclamation, 

12  resistor  assist  in  resisting  the   execution   of  any  law,   or  the 

13  obstruction    or    execution    of    any     process,    or     in    resisting 

14  any  force  ordered  out  for  overcoming  the  same,  or  who  shall  aid 
lo  or  attempt  to  rescue  any  prisoner  from  lawful  custody  or  confine- 

16  mcnt,  shall  be  guilty  of  a  high  misdemeanor,  and  shall,  on  con- 

17  viction  thereof,  be  subject  to  a  fine  not  exceeding  three  thousand 

18  dollars,  and  to  imprisonment,  with  or  without  labor,  for  a  term 

19  not  exceeding  three  years. 


A. 


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